William Brown & Co. v. Rees

Supreme Court of South Carolina

William Brown & Co. v. Rees

7 S.C.L. 498

DecidedNovember 15, 1814

StatusPublished

This text of 7 S.C.L. 498 (William Brown & Co. v. Rees) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

William Brown & Co. v. Rees, 7 S.C.L. 498 (S.C. 1814).

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Opinion

Nott, J.

A debtor by open account, is not bound to take notice of a debt in the hands of an assignee. Such an assignment only operates as an authority or power of attorney to settle the account, and receive the money for his principal. The terms may indeed be such as' to authorise the assignee to receive the money to his own use. But then it is only in the nature of a contract between the assign- or and assignee that he may so receive it. A receipt from the creditor will discharge him: But in this case, it does not appear that he had any notice, except so far as mere report might be considered as notice. This motion, therefore, must be refused.

JusticesXJoLcocK, Brevard, Grimke, and Smith concurred. Bay, J. absent from indisposition.

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Nott, J.

A debtor by open account, is not bound to take notice of a debt in the hands of an assignee. Such an assignment only operates as an authority or power of attorney to settle the account, and receive the money for his principal. The terms may indeed be such as' to authorise the assignee to receive the money to his own use. But then it is only in the nature of a contract between the assign- or and assignee that he may so receive it. A receipt from the creditor will discharge him: But in this case, it does not appear that he had any notice, except so far as mere report might be considered as notice. This motion, therefore, must be refused.

JusticesXJoLcocK, Brevard, Grimke, and Smith concurred. Bay, J. absent from indisposition.

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Bluebook (online)

7 S.C.L. 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-brown-co-v-rees-sc-1814.